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1 - 10 of 45 (0.47 seconds)Kafeel Ahmad Mangral vs Ut Of J&K And Others on 24 May, 2022
117. The respondents 4 to 7, i.e. the persons who were
petitioners in T.A. no. 62/5540/2020 (WP(C) no.3145/2019 titled
"Kaffel Ahmad Mir and others Vs State of J&K and others"), in their
reply have led thrust that the petitioners took part in the selection
process knowing fully well the procedure laid down in SRO-359 of
1970 read with SRO-106 of 1992 and as such cannot turn around
to question the same. The respondents 4 to 7 have alleged the
petitioners to have resorted to unfair means in gaining participation
in the selection process given the fact that on earlier occasions for
the selection process for the same post, majority of the petitioners
were weeded out on account of lack of height requirement, as
58 WP(C) No. 1757/2021
c/w
WP(C) No. 345/2022
warranted under SRO-359 of 1970 read with SRO-106 of 1992. The
respondents 4 to 7 are vehemently questioning the maintainability
of the writ petition by the petitioners on the count that they have
chosen not to question the respective judgments by the CAT Jammu
Bench in T.A. no. 62/540/2020, T. A. no. 62/5677/2020 & T.A. no.
61/1693/2020 and on account of the said omission the CAT
Jammu Bench judgments in the said three T.A.s become final
against the petitioners and, therefore, operate as a res judicata.
Majid Hussain Wani vs State Of J&K & Others on 17 August, 2021
113. The judgment of CAT Jammu Bench in the case of Majid
Hussain Vs State of J&K and others as T.A. no. 65/5677/2020
(WP(C) no. 3182/2019) and in the case of Parvaiz Ahmad Shagoo
and others Vs UT of J&K & Ors as T.A. no. 61/1693/2020
proceeded on the same text and tone as in the case of Kaffel Ahmad
Mir and others Vs State of J&K and others as T. A. no.
62/5540/2020.
Afshan Anjum Baba And Others vs Union Territory Of Jk And Others on 27 December, 2021
115. The respondent no. 3- JKPSC in its reply has submitted
that there is no justification for the intervention of this Court in the
matter at the instance of the writ petitioners, as the selection
criteria as well as the prescribed qualification/standards were
notified in advance in the selection advertisement notification itself
to which the petitioners participated without any demur only to be
caught on the wrong foot with the filing of the writ petition WP(C)
no. 3798/2019 (T. A. no. 62/5610/2020) titled Afshan Anjum Baba
and others Vs UT of J&K and others.
Parvaiz Ahmad Shagoo vs State Of J&K & Ors on 15 July, 2020
113. The judgment of CAT Jammu Bench in the case of Majid
Hussain Vs State of J&K and others as T.A. no. 65/5677/2020
(WP(C) no. 3182/2019) and in the case of Parvaiz Ahmad Shagoo
and others Vs UT of J&K & Ors as T.A. no. 61/1693/2020
proceeded on the same text and tone as in the case of Kaffel Ahmad
Mir and others Vs State of J&K and others as T. A. no.
62/5540/2020.
Article 15 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Azeem Raja vs Union Territory Of Jk & Ors on 21 August, 2020
In so far as T. A. no. 62/5610/2020 titled "Afshan Anjum
Baba and others Vs UT of J&K & Ors" is concerned, the same
came to be disposed of by rejection on the same note and context as
the case of T. A. no. 62/920/2021 titled Azeem Raja Vs UT of J&K &
Ors .
Kafeel Ahmad Mir & Ors vs State Of Jk & Ors on 29 October, 2019
In T.A. no. 62/5540/2020 (WP(C) no. 3145/2019) titled
Kaffel Ahmad Mir and others Vs State & others, the CAT Jammu
Bench came to hold that since height prescription is a requirement
prescribed by the State in exercise of power under section 124 of the
Constitution of Jammu & Kashmir is within the wisdom of the State
and cannot be substituted by the CAT Jammu Bench as it is,
without any exception in favour of female candidates. CAT Jammu
Bench came to held that inclusion of 8 candidates over short of
height prescription in the select list dated 20.09.2019 issued by the
JKPSC is vitiated to the said extent and thus warranted directions
from the CAT Jammu Bench which came to be imparted as under:-
Balco Employees Union (Regd.) vs Union Of India & Ors on 10 December, 2001
v. State of Tripura Vs Subash Chandra (2017)5 SCC
163.
vi. Balco Employees Union Vs Union of India, (2002)2
SCC 333.